Civil Law 2017

I.
State whether the following marital unions are valid, void, or voidable, and give the
corresponding justifications for your answer:
a. Ador and Beckys marriage wherein Ador was afflicted with AIDS prior to the marriage. (2%)
b. Carlos marriage to Dina which took place after Dina had poisoned her previous husband Edu
in order to free herself from any impediment in order to live with Carlos. (2%)
c. Eli and Felys marriage solemnized seven years after the disappearance of Chona, Elis
previous spouse, after the plane she had boarded crashed in the West Philippine Sea. (2%)
d. David who married Lina immediately the day after obtaining a judicial decree annulling his
prior marriage to Elisa. (2%)
e. Marriage of Zoren and Carmina who did not secure a marriage license prior to their wedding,
but lived together as husband and wife for 10 years without any legal impediment to marry.
(2%)
II.
In 1960, Rigor and Mike occupied two separate but adjacent tracts of land in Mindoro. Rigors
tract was classified as timber land while Mikes was classified as agricultural land. Each of them
fenced and cultivated his own tract continuously for 30 years. In 1991, the Government
declared the land occupied by Mike as alienable and disposable, and the one cultivated by Rigor
as no longer intended for public use or public service.
Rigor and Mike now come to you today for legal advice in asserting their right of ownership of
their respective lands based on their long possession and occupation since 1960.
a. What are the legal consequences of the 1991 declarations of the Government respecting the
lands? Explain your answer. (2%)
b. Given that, according to Section 48(b) of Commonwealth Act No. 141, in relation to Section
14(1) of Presidential Decree No. 1529, the open, continuous, exclusive, and notorious
possession and occupation of alienable and disposable lands of the public domain as basis for
judicial confirmation of imperfect title must be from June 12, 1945, or earlier, may Mike
nevertheless validly base his assertion of the right of ownership on prescription under the Civil
Code? Explain your answer. (4%)
c. Does Rigor have legal basis for his application for judicial confirmation of imperfect title based
on prescription as defined by the Civil Code given that, like Mike, his open, continuous,
exclusive, and notorious possession and occupation was not since June 12, 1945, or earlier, and
his tract of land was timber land until the declaration in 1991? Explain your answer. (4%)
III.
Josef owns a piece of land in Pampanga. The National Housing Authority (NHA) sought to
expropriate the property for its socialized housing project. The trial court fixed the just
compensation for the property at P50 million. The NHA immediately deposited the same at the
authorized depository bank and filed a motion for the issuance of a writ of possession with the
trial court. Unfortunately, there was delay in the resolution of the motion. Meanwhile, the
amount deposited earned interest.
When Josef sought the release of the amount deposited, NHA argued that Josef should only be
entitled to P50 million.
Who owns the interest earned? (3%)
IV.
a. Distinguish antichresis from usufruct. (3%)
b. Distinguish commodatum from mutuum. (3%)
V.
Jacob has owned a farm land in Ramos, Tarlac. In 2012, Liz surreptitiously entered and
cultivated the property. In 2014, Jacob discovered Lizs presence in and cultivation of the
property. Due to his being busy attending to his business in Cebu, he tolerated Lizs cultivation
of the property. Subsequently, in December 2016, Jacob wanted to regain possession of the
property; hence, he sent a letter to Liz demanding that she vacate the property. Liz did not
vacate despite the demand.
Jacob comes to enlist your legal assistance to bring an action against Liz to recover the
possession of the property.
What remedies are available to Jacob to recover possession of his property under the
circumstances? Explain your answer. (4%)
VI.
Tyler owns a lot that is enclosed by the lots of Riley to the North and East, of Dylan to the South,
and of Reece to the West. The current route to the public highway is a kilometers walk through
the northern lot of Riley, but the route is a rough road that gets muddy during the rainy season,
and is inconvenient because it is only 2.5 meters wide. Tylers nearest access to the public
highway would be through the southern lot of Dylan.
May Dylan be legally required to afford to Tyler a right of way through his property? Explain
your answer. (4%)
VII.
Alice agreed to sell a parcel of land with an area of 500 square meters registered in her name
and covered by TCT No. 12345 in favor of Bernadette for the amount of P900,000. Their
agreement dated October 15, 2015, reads as follows:
I, Bernadette, agree to buy the lot owned by Alice covered by TCT No. 12345 for the ammount of
P900,000 subject to the following schedule of payment:
Upon signing of agreement P100,000
November 15, 2015 P200,000
December 15, 2015 P200,000
January 15, 2016 P200,000
February 15, 2016 P200,000
Title to the property shall be transferred upon full payment of P900,000 on or before February
15, 2016.
After making the initial payment of P100,000 on october 15, 2015, and the second installment of
P200,000 on November 15, 2015, Bernadette defaulted despite repeated demands from Alice.
In December 2016, Bernadette offered to pay her balance but Alice refused and told her that the
land was no longer for sale. Due to the refusal, Bernadette caused the annotation of her adverse
clalm upon TCT No. 12345 on December 19, 2016. Later on, Bernadette discovered that Alice
had sold the property to Chona on February 5, 2016, and that TCT No. 12345 had been cancelled
and another one issued (TCT No. 67891) in favor of Chona as the new owner.
Bernadette sued Alice and Chona for specific performance, annulment of sale and cancellation of
TCT No. 67891. Bernadette insisted that she had entered into a contract of sale with Alice; and
that because Alice had engaged in double sale, TCT No. 67891 should be cancelled and another
title be issued in Bernadettes favor.
a. Did Alice and Bernadette enter into a contract of sale of the lot covered by TCT No. 12345?
Explain your answer. (4%)
b. Did Alice engage in double sale of the property? Explain your answer. (4%)
VIII.
Pedro had worked for 15 years in Saudi Arabia when he finally decided to engage in farming in
his home province where his 10-hectare farmland valued at P2,000,000 was located. He had
already P3,000,000 savings from his long stint in Saudi Arabia.
Eagerly awaiting Pedros arrival at the NAIA were his aging parents Modesto and Jacinta, his
common-law spouse Veneranda, their three children, and Alex, his child by Carol, his departed
legal wife. Sadly for all of them, Pedro suffered a stroke because of his over-excitement just as
the plane was about to land, and died without seeing any of them.
The farmland and the savings were all the properties he left.
(a) State who are Pedros legal heirs, and the shares of each legal heir to the estate? Explain your
answer. (4%)
(b) Assuming that Pedros will is discovered soon after his funeral. In the will, he disposed of
half of his estate in favor of Veneranda, and the other half in favor of his children and his parents
in equal shares. Assuming also that the will is admitted to probate by the proper court. Are the
testamentary dispositions valid and effective under the law on succession? Explain your answer.
(4%)
IX.
Danny and Elsa were married in 2002. In 2012, Elsa left the conjugal home and her two minor
children with Danny to live with her paramour. In 2015. Danny sold without EIsas consent a
parcel of land registered in his name that he had purchased prior to the marriage. Danny used
the proceeds of the sale to pay for his childrens tuition fees.
Is the sale valid, void or voidable? Explain your answer. (3%)
X.
Briefly explain whether the following contracts are valid, rescissible, unenforceable, or void:
(a) A contract of sale between Lana and Andy wherein 16-year old Lana agreed to sell her grand
piano for 25,000.00. (2%)
(b) A contract of lease of the Philippine Sea entered by and between Mitoy and Elsa. (2%)
(c) A barter of toys executed by 12-year old Clarence and 10-year old Czar (2%)
(d)A sale entered by Barri and Garri, both minors, which their parents later ratified. (2%)
(e) Jennys sale of her car to Celestine in order to evade attachment by Jennys creditors. (2%)
XI.
Zeny and Nolan were best friends for a long time already. Zeny borrowed 310,000.00 from
Nolan, evidenced by a promissory note whereby Zeny promised to pay the loan once his means
permit. Two months later, they had a quarrel that broke their long-standing friendship.
Nolan seeks your advice on how to collect from Zeny despite the tenor of the promissory note.
what will your advice be? Explain your answer. (3%)
XII.
Krystal owns a parcel of land covered by TCT No. 12345 in Angeles City, Due to severe financial
constraints, Krystal was lorc based in the property to RBP Corporation, a foreign corporation
based in South Korea. Subsequently, RBP Corporation sold the property to Gloria, one of its
most valued clients.
Wanting her property back, Krystal, learning of the transfer of the property from RBP
Corporation to Gloria, sued both of them in the Regional Trial Court (RTC) for annulment of sale
and for reconveyance. She alleged that the sale by RBP Corporation to Gloria was void because
RBP Corporation was a foreign corporation prohibited by the Constitution from acquiring and
owning lands in the Philippines.
Will KrystaIs suit for annulment of sale and reconveyance prosper? Explain your answer. (4%)
XIII.
TRUE or FALSE Explain your answers.
(a) All rights are considered as property. (2%)
(b) A lessee cannot bring a case for quieting of title respecting the property that he leases. (2%)
(c) Only the city or municipal mayor can file a civil action to abate a public nuisance. (2%)
(d) Possession of a movable property is lost when the location of the said movable is unknown
to the owner. (2%)
(e) Continuous non-apparent easements can be acquired either through title or by prescription.
(2%)
XIV.
Plutarco owned land that borders on a river. After several years the action of the water of the
river caused the deposit of soil, and increased the area of Plutarcos property by 200 square
meters.
a. If Plutarco wants to own the increase in area, what will be his legal basis for doing so? Explain
your answer. (2%)
b. On the other hand, if the river dries up, may Plutarco validly claim a right of ownership of the
dried-up river bed? Explain your answer. (2%)
 XV.
Kevin signed a loan agreement with ABC Bank. To secure payment, Kevin requested his
girlfriend Rosella to execute a document entitled Continuing Guaranty Agreement whereby
she expressly agreed to be solidarily liable for the obligation of Kevin.
Can ABC Bank proceed directly against Rosella upon Kevins default even without proceeding
against Kevin first? Explain your answer. (3%)
XVI.
Jovencio operated a school bus to ferry his two sons and five of their schoolmates from their
houses to their school, and back. The parents of the five schoolmates paid for the service. One
morning, Porfirio, the driver, took a short cut on the way to school because he was running late,
and drove across an unmanned railway crossing. At the time, Porfirio was wearing earphones
because he loved to hear loud music while driving. As he crossed the railway tracks, a speeding
PNR train loudly blared its horn to warn Porfirio, but the latter did not hear the horn because of
the loud music. The train inevitably rammed into the school bus. The strong impact of the
collision between the school bus and the train resulted in the instant death of one of the
classmates of Jovencios younger son.
The parents of the fatality sued Jovencio for damages based on culpa contractual alleging that
Jovencio was a common carrier; Porfirio for being negligent; and the PNR for damages based
on culpa aquiliana.
Jovencio denied being a common carrier. He insisted that he had exercised the diligence of a
good father of a family in supervising Porfirio, claiming that the latter had had no history of
negligence or recklessness before the fatal accident.
(a) Did his operation of the school bus service for a limited clientele render Jovencio a common
carrier? Explain your answer. (3%)
(b) In accordance with your answer to the preceding question, state the degree of diligence to
be observed by Jovencio, and the consequences thereof. Explain your answer. (3%)
(c) Assuming that the fatality was a minor of only 15 years of age who had no earning capacity
at the time of his death because he was still a student in high school, and the trial court is
minded to award indemnity, what may possibly be the legal and factual justifications for the
award of loss of earning capacity? Explain your answer. (4%)
***END OF EXAMINATION***